What is a sponsorship?
Sponsorship is also known as family sponsorship. It is a pathway to permanent residence for foreign family members.
Generally speaking, a Canadian citizen, permanent resident, or registered Indian can sponsor a family member.
To learn more about family sponsorship, please visit our Service page.
What is a Sponsorship Appeal?
When your sponsorship application is refused, you can appeal it to the Immigration and Refugee Board (IRB). This is called a Sponsorship Appeal.
The appeal determines whether your sponsorship should be allowed.
Can I submit another sponsorship application instead of appealing?
Generally speaking, if you receive a refusal decision, you can submit another application.
However, it is not always a good idea. For example, when the family member is found inadmissible, then it won’t solve the issue if you just submit another application.
If you are unsure about how to proceed, we can help you.
Who can appeal?
Generally speaking, you retain the right to appeal unless the sponsored family member is found inadmissible due to one of the following reasons:
Further, misrepresentation also prevents you from appealing. However, this doesn’t apply to you if you sponsor your spouse, common-law partner, or dependent child.
Last but not least, only the sponsor can appeal. In other words, the sponsored family member can’t appeal.
If you can’t determine whether you have the right to appeal, we can help you.
What if I can’t appeal?
If you don’t have the right to appeal, then your sponsorship application is final.
However, you can still find solutions to the issue.
For example, if your family member has a criminal record, you may consider a Record Suspension
or Criminal Rehabilitation.
If you need help to solve your issues, please contact us.
How to appeal?
To initiate the appeal, you must send a Notice of Appeal (NOA) to the IRB’s Immigration Appeal Division (IAD) within 30 days from the date of the decision.
What is the Sponsorship Appeal like?
Firstly, it is similar to a hearing in court. A panel that usually consists of one decision-maker will hear the case in person.
Secondly, you must attend the hearing. If you have a representative, they must also attend.
Further, you need to prove that your application should be allowed. You can also give statements and evidence including witnesses to the panel.
Thirdly, the counsel of IRCC may also attend the hearing. However, if the case is straightforward, they may just send a written submission to the panel instead of attending the hearing in person.
We can also represent you at the hearing.
Can I apply Humanitarian and Compassionate (H&C) grounds to my appeal?
The answer is yes because the IAD has the power to consider your H&C factors.
To emphasize, if you have enough H&C factors, the IAD will allow your sponsorship application.
Therefore, when you want to rely on your H&C factors to win your appeal, you no longer need to solve your family member’s inadmissible issues.
On the other hand, you can’t request an H&C consideration if your relationship with the family member is not genuine. For example, your spouse entered the marriage with you in order to obtain immigration status.
To learn more about H&C, please visit our Service.
What are the possible outcomes of a Sponsorship Appeal?
After the hearing, the IAD may allow your appeal. This means your sponsorship is successful.
However, the IAD may dismiss your appeal. If this is your case, you can either look for other solutions to the inadmissible issues or apply for a Judicial Review at the Federal Court.
What we do?
Firstly, we help LGBT people to immigrate to Canada, and we create a safe and friendly place for them.
Then, we personalize our services for you, which may include any of the following:
Conduct legal research,
Review the IRB file and supporting documents you may have,
Assist you in collecting or preserving the supporting documents,
if you are inadmissible, we help you to find the solution,
Interview witness, if applicable,
Identify your H&C factors, if any,
Provide other advice and instructions as needed, and
Act as your representative and attend the hearing.
To learn more, book an initial assessment today or contact us.